Long-term capital gains tax is a tax applied to assets held for more than a year. The long-term capital gains tax rates are 0 percent, 15 percent and 20 percent, depending on your income. Short-term capital gains are taxed at ordinary income tax rates, while long-term capital gains are taxed at capital gains tax rates. As of 2012, the top individual income tax rate was 35 percent, Note: Net short-term capital gains are subject to taxation as ordinary income at graduated tax rates. Limit on the Deduction and Carryover of Losses If your capital losses exceed your capital gains, the amount of the excess loss that you can claim to lower your income is the lesser of $3,000 ($1,500 if married filing separately) or your total